geekbench-ai

Geekbench AI End User License Agreement

IT IS IMPORTANT THAT YOU READ THIS DOCUMENT CAREFULLY BECAUSE IT SETS OUT IMPORTANT INFORMATION 
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THIS DOCUMENT ALSO DESCRIBES CERTAIN 
LIMITATIONS, RESTRICTIONS, WAIVERS, AND INDEMNITIES THAT MAY AFFECT YOUR LEGAL RIGHTS AND 
LIABILITIES. YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK AND STRICTLY GOVERNED BY THE 
TERMS OF THIS DOCUMENT.

Your use of the Geekbench AI software application and components (collectively, the "Software") and 
the related website and online services offered at primatelabs.com and geekbench.com (each a 
"Website" and together the "Websites") in connection with the use of the App (collectively, the 
"Online Services" and, together with the Software, the "App") is subject to the terms and 
conditions of this End User License Agreement ("EULA") between you and Primate Labs Inc. ("Primate 
Labs", "we" or "us"). By installing the App on your device, you agree to be bound by the terms of 
this EULA. In addition, you may be asked, from time to time, to confirm your acceptance of this 
EULA and any amendments to this EULA by clicking an "I accept" button, checkbox, or similar 
mechanism in the user interface of the App.

    Eligibility. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, 
YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS EULA, IN WHICH 
CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ALL APPLICABLE USERS. FURTHER, BY 
ENTERING INTO THIS EULA YOU REPRESENT AND WARRANT THAT YOU ARE OF THE AGE OF MAJORITY IN YOUR 
JURISDICTION AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS EULA. IF YOU ARE NOT OF THE AGE OF 
MAJORITY OR DO NOT HAVE SUCH AUTHORITY OR LEGAL CAPACITY TO ENTER INTO THIS EULA, OR IF YOU DO NOT 
UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS EULA, IMMEDIATELY CEASE USING AND UNINSTALL THE 
APP.

    Scope of License. Primate Labs offers the following licenses (each, a "License Level" and 
collectively, the "License"), as applicable on a platform, which may be selected by you during the 
ordering process:

        "Geekbench AI License" is a limited, personal, non-exclusive, non-commercial, 
non-transferable, perpetual, non-sublicensable and revocable license for one (1) specific named 
user. The one (1) specified named user may use the then-current version (that is, the number to the 
left of the decimal, such as "Geekbench AI 1.x.x" or "Geekbench AI 2.x.x") of the App solely for 
personally owned devices of yours or your household’s on the target platform and not in, by or on 
behalf of a, business, company, or other legal entity. Use is solely for the purpose of testing 
your personal devices’ performance via the generation of computer performance benchmark results 
("Benchmark Results") and requires that all Benchmark Results be uploaded to Primate Labs’ Online 
Services in accordance with Section 5) below ; and

        "Geekbench AI Pro License" is a paid, limited, non-exclusive, non-transferable, perpetual, 
non-sublicensable and revocable license for specific, individual named user(s) at a single 
corporate, or other legal, entity or sole proprietorship (excluding affiliates of such entities or 
proprietorships, where applicable, meaning those who control, are controlled by, or share common 
control with the entity or proprietorship). The specific, individual named user(s) may use the 
then-current version (that is, the number to the left of the decimal, such as "Geekbench AI 1.x.x" 
or "Geekbench AI 2.x.x") in connection with devices on the target platform owned by or controlled 
by that entity/proprietorship solely for the purpose of testing those devices’ performance via 
the generation of Benchmark Results which may be uploaded to Primate Labs’ Online Services at the 
entity/proprietorship’s discretion.

    Use of any License is restricted to use by only those named user(s) identified to Primate Labs 
at the time of order. You may change named user(s) only with Primate Labs’ prior written 
permission which we reserve the exclusive discretion to grant or deny.

    Platforms. The App is available for different platforms, including macOS, Windows, Linux, iOS 
and Android platforms. Except as set out below, when you buy a License to the App on one of those 
platforms, it is not transferrable for use on any other platform, and you may only use the License 
on the platform on which it is purchased. Not all Licenses are available on all platforms, and 
features and functionality may differ from platform to platform. Your platform may place additional 
limitations on your ability to use the App that are outside of our control.

        For the Geekbench AI Pro License for desktops (macOS, PC and Linux), your License will work 
across those three platforms.

        The Geekbench AI License for desktops is available on a cross-platform basis. If you select 
the cross-platform version, your License will work across macOS, PC and Linux. If you do not, your 
License is limited for use only on the platform on which it is purchased.

        For any other License (including a non-desktop Geekbench AI Pro License), your License is 
limited for use only on the platform on which it is purchased.

    Restrictions. You represent and warrant that you will not permit, nor will you permit any 
person, to, under any circumstances, directly or indirectly:

        unless you have a Geekbench AI Pro License, use the App for any commercial purposes 
whatsoever or allow the use of the App by any person other than you as the individual who 
non-commercially obtained the App;

        if you have a Geekbench AI Pro License, use the App for any commercial purpose other than 
to test the performance of the licensed entity’s devices using the App via the generation of 
Benchmark Results;

        distribute or make the App available over a network where it could be used by multiple 
devices at the same time;

        rent, lease, lend, sell, redistribute, sublicense, commercialize or otherwise commercially 
exploit the App for consideration or otherwise;

        copy (except as expressly permitted by this EULA), decompile, reverse engineer, 
disassemble, attempt to derive the source code of, modify, or create derivative works of the App 
(except to the extent allowed by applicable law), and to the extent that the foregoing restriction 
is not permitted in your applicable jurisdiction, then: (i) you will only perform the foregoing to 
the strict extent minimally required to be permitted in your jurisdiction, and (ii) you will 
provide reasonable advance written notice to Primate Labs of your intention to do the foregoing 
with reasonable particulars so that Primate Labs may take appropriate steps to protect its business 
and intellectual property rights;

        access (or attempt to access) the App by any means other than through the interface 
provided in accordance with the documentation provided by the App;

        access (or attempt to access) the App through any automated means, including any scripts, 
except as strictly permitted by the documentation provided by the App (but for greater certainty, 
this does not restrict your ability to properly use the Command Line Mode, Standalone Mode, or 
Benchmark Automation offered under the Geekbench Pro License strictly in accordance with that 
license’s documentation);

        engage in any activity that interferes with or disrupts the App or the Online Services and 
networks connected to the App;

        use the App on any pre-release (i.e., not generally available to the public) device or 
operating system unless you have the rights to authorize publication of the Benchmark Results 
related to such pre-release device or operating system as set forth in Section 5) ;

        use the App for any unauthorized or unlicensed purpose;

        use the App to violate or in violation of any law;

        use the App that in any way gives rise to civil liability, or otherwise violates the rights 
or assists other to violate the rights of Primate Labs or any third party, including but not 
limited to engaging in copyright infringement, breach of confidentiality, invasion of privacy, 
trademark infringement, or patent infringement;

        remove, obscure, or alter any proprietary rights notices (including copyright and trademark 
notices) which may be affixed to or contained within the App; or

        submit false or misleading information or in any way attempt to corrupt or falsify 
Benchmark Data.

    Benchmark Data. WHEN YOU USE THE APP, BENCHMARK DATA MAY BE COLLECTED, SENT TO PRIMATE LABS AND 
DISTRIBUTED IN ACCORDANCE WITH THE APP’S FUNCTIONALITY AND DOCUMENTATION BASED ON THE LICENSE 
LEVEL. PLEASE READ THIS CAREFULLY. Primate Labs may collect and use technical data and related 
information, including but not limited to technical information about your device, system and 
application software, and peripherals, that is gathered periodically to facilitate the provision of 
software updates, product support and other services to you and third parties (if any) related to 
the App in strict accordance with the Privacy Policy located at 
http://www.primatelabs.com/legal/privacy.html which forms a part of, and is integral to this EULA. 
Depending on your License Level and your settings, your use of the App may automatically result in 
the publication of your Benchmark Results on Primate Labs’ website. The published Benchmark 
Results will not personally identify you or in any way link you to your device (though Primate Labs 
will collect this information in accordance with the Privacy Policy), but will identify, for 
example, the make and model of the device that you are testing and evaluating with the App. In 
accordance with Section 6 below, Primate Labs has the sole and exclusive right to use, create 
derivative works of, distribute and otherwise exploit the Benchmark Results without notice or 
further compensation to you. You hereby represent and warrant that you have all rights necessary to 
provide the Benchmark Results to Primate Labs. DO NOT USE THE APP UNLESS YOU HAVE THE RIGHT TO 
PROVIDE PRIMATE LABS WITH THE BENCHMARK RESULTS AS SET OUT IN THIS EULA.

    Proprietary Rights. You acknowledge and agree that, except where expressly stated otherwise, 
all right, title and interest in and to the App and all Benchmark Data, source code, processes, 
designs, technologies, URLs, domain names, marks and logos, and any other assets forming any part 
of the App (collectively, "Our Content") is fully vested in Primate Labs, our licensors or our 
suppliers, and are protected by applicable copyrights, trademarks, patents, trade secrets or other 
proprietary rights and laws. You agree that Our Content is licensed subject to this EULA, including 
the disclaimers and limitations of liability set forth herein. Nothing in your use of the App or 
this EULA grants you any right, title, or interest in or to Our Content except the limited right to 
use the App as set out herein. The Software may use open source components; to see a list of 
required attributions and source code for open source components where required, check the help 
information found within the App. Strictly to the extent required by the licenses of such open 
source components, Our Content may be licensed under the terms thereof and not pursuant to the 
terms of this EULA.

    Feedback. If you provide us with any comments, ideas, suggestions, or impressions of the App, 
our Online Services, or our other products and services (collectively, the "Feedback"), Primate 
Labs has all right, title, and interests necessary to commercially exploit (or not) the Feedback 
and may do so in its sole discretion. You hereby grant Primate Labs a royalty-free and fully 
paid-up, non-exclusive, worldwide, irrevocable and perpetual license to use the Feedback for any 
purpose, including commercial exploitation, regardless of whether or not we actively solicited the 
Feedback.

    Updates. From time to time, the App may permit you to download and install updates (generally, 
to the right of the leftmost version number, like Geekbench AI X.1.1 or Geekbench AI X.2.1). Such 
updates are designed to improve, enhance and further develop the App and may take the form of bug 
fixes, enhanced functions, new software modules, revisions to functionality or completely new 
features (collectively, "Updates"). Such updates are available to you as part of your use of the 
App. The App may be unavailable from time to time in order for Primate Labs or its licensors to 
perform system maintenance, upgrades or updates. Nothing in this EULA obligates Primate Labs to 
provide any Updates and the App, with any such Updates installed, is licensed strictly in 
accordance with the terms of this EULA.

    Pricing. The prices and availability of the App and other products and services made available 
on a Website may change at any time without notice to you. Prices remain valid while they are 
listed and offered on a Website. Prices will be as posted on a Website as of the date and time of 
your order, as applicable. Differences in price from time to time will not constitute a defect in 
or noncompliance of any product or service. Some products or services may not be available in 
certain areas. All prices quoted are payable in United States Dollars and, unless otherwise stated, 
do not include GST, PST, QST, HST or other applicable sales or value-added taxes.

    Ordering. To purchase a License, you must submit an order to us through a Website. Your order 
is an offer to purchase a certain License Level as defined above and further described on a 
Website. Prior to submitting your order, you will be provided with an opportunity to review and 
confirm your order. Orders do not result in any binding obligation until we have accepted your 
order and you have full paid for the License set out therein. After we receive your order, we will 
send you a confirmation e-mail with your order number and details, and license key, for the License 
Level you have ordered. Receipt of an order confirmation e-mail does not in and of itself indicate 
that we have accepted your order.

    Payment. All purchases must be made either by credit card or via PayPal. Information about our 
collection and use of payment information is described in our Privacy Policy. If the payment 
information that you submit is incorrect or invalid, your payment will not be processed. We have no 
responsibility or liability if your payment method is declined by your financial institution. 
Payments are processed by a third-party PCI compliant payment processor. Your payment method will 
be charged automatically as you place your order. We reserve the right to suspend or cancel any 
order, in whole or in part, in the event your financial institution refuses to authorize payment or 
in the event of non-payment.

    No Cancellations or Refunds. To the extent permissible under applicable law, all confirmed 
orders are non-cancellable and any License sold hereunder is subject to the disclaimers set out 
herein and is non-refundable.

    Termination. The EULA is effective until terminated by you or Primate Labs. If you wish to 
terminate this EULA, you may do so by uninstalling and ceasing to use the App. Primate Labs may at 
any time, terminate your use of the App and this EULA as follows:

        automatically and without advance notice if: (i) you have breached any provision of the 
EULA; (ii) you have acted in a manner which demonstrates that you do not intend to act in 
accordance with the EULA; or (iii) if you are unable to comply with the provisions of the EULA; or

        automatically upon notice (which Primate Labs will use reasonable efforts to provide to you 
in advance) if Primate Labs is required to do so by law (for example, where the provision of the 
App to you is, or becomes, unlawful in any manner).

    Except as expressly provided herein, upon termination of this EULA, you will immediately cease 
using the App and you hereby agree to release Primate Labs from any and all liability and claims of 
loss resulting from restrictions, disruptions, or cessations of the App, in whole or in part.

    NO WARRANTY.

    The exclusion of warranties contained in the immediately following paragraph do not limit your 
rights and remedies THAT MAY NOT BE DISCLAIMED OR WAIVED PURSUANT TO APPLICABLE CONSUMER PROTECTION 
LAW. PRIMATE LABS PROVIDES THE APP "AS IS" AND "AS AVAILABLE." PRIMATE LABS HEREBY DISCLAIMS ALL 
EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS AND WARRANTIES WITH RESPECT TO THE APP, INCLUDING 
THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR 
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. PRIMATE LABS DOES NOT WARRANT 
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT 
THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE 
CORRECTED. THESE DISCLAIMERS WILL APPLY TO THE EXTENT ALLOWED BY THE LAW OF THE APPLICABLE 
JURISDICTION.

    EXCLUSIONS AND LIMITATIONS OF LIABILITY.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMATE LABS OR ITS 
LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, 
INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, PAIN 
AND SUFFERING, EMOTIONAL DISTRESS, COMMERCIAL DAMAGES OR ANY SIMILAR DAMAGES OR LOSSES, ARISING OUT 
OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF 
LIABILITY (CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) AND EVEN IF PRIMATE LABS HAS BEEN 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THIS MEANS THAT PRIMATE LABS OR ITS LICENSORS WILL 
NOT BE RESPONSIBLE TO YOU FOR ANY SUCH DAMAGES, INCLUDING WHEN CAUSED BY: (1) ERRORS OR OMISSIONS 
IN OUR CONTENT OR THE APP; (2) UNAUTHORIZED ACCESS TO OR USE OF OUR CONTENT OR THE APP; (3) ANY 
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; OR (4) ANY BUGS, VIRUSES, TROJAN 
HORSES, MALICIOUS SOFTWARE, FRAUDULENT ACTIVITIES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO 
OR THROUGH OUR ONLINE SERVICES, THE APP OR BY ANY THIRD PARTY.

    IN NO EVENT SHALL PRIMATE LABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE 
REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE DOLLAR 
($1.00) OR THE AMOUNT YOU PAID FOR YOUR LICENSE LEVEL AS IT RELATES TO THE PARTICULAR APP IN 
QUESTION IN THE PREVIOUS YEAR, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF 
THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SET OUT ABOVE. IN 
SUCH CASES, THESE LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY STRICTLY TO THE MINIMUM EXTENT THAT 
SUCH APPLICABLE LAWS LIMIT THEIR APPLICATION, AND THOSE PORTIONS THAT MAY, BY SUCH APPLICABLE LAW, 
APPLY, WILL SO APPLY TO THE MAXIMUM EXTENT SO PERMITTED.

    Indemnification. You hereby agree to indemnify, defend and hold harmless Primate Labs from and 
against any and all liability and costs (including, without limitation, legal fees and related 
disbursements) incurred by Primate Labs in connection with any claim arising out of or in 
connection with:

        your breach of the representations and warranties in Sections 1 and 4;

        Primate Labs’ use and exploitation of the Benchmark Results (including automatic 
publication of the Benchmark Results) in accordance with this Agreement and the Privacy Policy 
referred to above;

        any breach or alleged breach by you of this EULA;

        any breach or alleged breach by you of any third party’s rights, including, without 
limitation, any intellectual property, privacy, confidentiality or publicity rights; or

        any actual or alleged violation or non-compliance by you with any applicable law, rule or 
regulation.

    Accessibility. We support the Accessibility for Ontarians with Disabilities Act, 2005 ("AODA"). 
We recognize the importance of accessibility for persons with disabilities and are committed to the 
principles of accommodation outlined in the AODA and human rights principles. Additionally, our 
procedures relating to information and communications, and the design of public spaces for persons 
with disabilities (including the Online Services) are to be guided by the principles of dignity, 
independence, integration and an equality of access.

    Export Compliance. You may not use or otherwise export or re-export the App except as 
authorized by applicable laws. You may not permit the App to be used by any person embargoed or 
subject to export restrictions that would limit their use as required by applicable laws.

    Government Use. This paragraph applies if you are using the App on behalf of a government 
entity or public body. The App and all related documentation are commercial items under applicable 
law, including pursuant to 48 C.F.R. §2.101 and other applicable laws relating to government end 
use. You may only use the App in connection with a government entity or public body under a paid, 
commercial license (that is, a Geekbench AI Pro License), and by ordering the Geekbench AI Pro 
License you confirm that such entity or body accepts the terms of this EULA. All access to and use 
of the App by or for any government, including the United States or Canadian government, is subject 
to restricted rights expressly contained in this EULA. Without limiting this EULA at all, the App 
may not be used, reproduced or disclosed by any government entity user except with Primate Labs’ 
prior written consent. Any other rights or limitations regarding the use, duplication or disclosure 
of the App that are not expressly contained in this EULA must be stated in a separately written 
contract even if provided for under applicable law, and all rights not expressly granted pursuant 
to this EULA are expressly reserved by Primate Labs.

    Third Party Content. The App may include hyperlinks to other web sites or content or resources. 
Primate Labs has no control over any web sites or resources of others. You acknowledge and agree 
that Primate Labs is not responsible for the availability of any such external sites or resources, 
and does not endorse any advertising, products or other materials on or available from such web 
sites or resources. You acknowledge and agree that Primate Labs is not liable for any loss or 
damage you may incur as a result of the availability of those external sites or resources, or as a 
result of any reliance you place on the completeness, accuracy or existence of any advertising, 
products or other materials on, or available from, such web sites or resources.

    Changes to this EULA. Primate Labs may make changes to this EULA, from time to time, without 
notice to you. When such changes are made, Primate Labs will make a new copy of the EULA available 
to you by publishing the updated EULA through the App. You are responsible for regularly reviewing 
the EULA in order to obtain timely notice of any such updates. By continuing to use the App after 
the date on which the EULA has changed, you accept any changes to the EULA.

    Internet-Based Limitation. Your use of the App depends on the public internet, including 
networks, cabling, facilities and equipment not within our control. Accordingly (i) Primate Labs 
does not guarantee any minimum level regarding such performance, speed, reliability, availability, 
use or consistency, and (ii) data, messages, information or materials sent over the public internet 
may not be completely private, and your anonymity is not guaranteed.

    Interpretation. In this EULA, (i) the captions and headings are for convenience only and do not 
constitute substantive matter and are not to be construed as interpreting the contents of this 
EULA, (ii) the word "including", the word "includes" and the phrase "such as", when following a 
general statement or term (whether or not non-limiting language such as "without limitation" or 
"but not limited to" or other words of similar import are used with reference thereto), is not to 
be construed as limiting, and the word "or" between two or more listed matters does not imply an 
exclusive relationship between the matters being connected, (iii) all references to website 
addresses or URLs shall also include any successor or replacement websites containing substantially 
similar information as the referenced website(s), and (iv) any monetary amounts expressed are in 
Canadian dollars.

    Governing Law and Jurisdiction.

        Default Rules. This EULA and the rights of the parties hereto are governed by, and will at 
all times be construed in accordance with, the laws in force in the Province of Ontario and the 
laws of Canada applicable therein, without reference to its conflict of laws principles. To the 
extent permitted by applicable law, you hereby irrevocably consent to the exclusive jurisdiction of 
the courts of the Province of Ontario and agree that in connection with any matter arising out of 
or in connection with this EULA any originating process sought to be issued by such courts will be 
sought from the courts of the Province of Ontario in the City of Toronto. The United Nations 
Convention on Contracts for the International Sale of Goods will not apply to the interpretation or 
enforcement of this EULA.

        Exceptions Where Required by Law. The courts in some countries or jurisdictions will not 
apply Ontario law to some types of disputes, or permit us to restrict you to the courts of Ontario 
for disputes. If you reside in one of those jurisdictions, then where Ontario law or jurisdiction 
is excluded from applying, your jurisdiction’s laws will apply to such disputes related to these 
terms and, as applicable, a reasonable jurisdiction factoring in your jurisdiction and ours may be 
selected for the resolution of disputes (often, this means that the dispute may be heard in the 
jurisdiction of your residence).

        Waiver of Jury Trial. If a trial by jury is available in the jurisdiction in which a 
dispute arising out of or in relation to this EULA arises, then to the maximum extent permitted by 
applicable law, both you and Primate Labs hereby agree to waive all respective rights to a jury 
trial of any claim or cause of action related to or arising out of this EULA. The scope of the 
waiver is all encompassing of any and all disputes that may be filed in any court and that relate 
to the subject matter herein, including contract claims, tort claims, breach of duty claims, and 
all other common law and statutory claims. You and Primate Labs each acknowledge that the other has 
relied on the waiver in entering into this EULA and that each will continue to rely on the waiver 
in related future dealings. The waiver is irrevocable, meaning that it may not be modified either 
orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, 
supplements or modifications to this EULA.

    Additional Terms. Additional terms and conditions may apply to the purchase of a License, 
product, service, or other specific function available via the App or on the Online Services, but 
this EULA will always take precedence for any conflict or inconsistency. Without limiting any other 
terms and conditions displayed on the Online Services, or the Documentation, this EULA, together 
with those terms incorporated or referred to herein, constitutes the entire legal agreement between 
you and Primate Labs relating to your use of the App except and to the extent expressly provided 
otherwise in a written agreement signed by both parties or formally accepted through an electronic 
contracting process, and supersedes and replaces any prior agreements (whether electronic, oral, or 
written) in relation to the App, and may not be amended or modified except by Primate Labs as set 
out herein.

    No Waiver. If Primate Labs does not exercise or enforce any legal right or remedy which is 
permitted under this EULA (or which Primate Labs has the benefit of under any applicable law), this 
will not constitute a waiver of any of Primate Labs’ rights and that those rights or remedies 
will at all times remain available to Primate Labs.

    Severability. If any provision of this EULA is determined to be invalid or unenforceable in 
whole or in part, such invalidity or unenforceability will attach only to such provision or part 
thereof and the remaining part of such provision and all other provisions hereof will continue in 
full force and effect.

    Assignment and Inurement. Primate Labs may at any time assign our rights and obligations under 
this EULA, in whole or in part, without notice to you. You may not assign this EULA without our 
prior, written, consent either directly or indirectly. This EULA will inure to the benefit of and 
bind you and us and our respective personal and legal representatives, successors and permitted 
assigns.

    Relationship. No joint venture, partnership, employment or agency relationship exists between 
Primate Labs and you as a result of this EULA or your use of the App.

    Survival. All provisions that, by their meaning or nature, are intended to survive termination 
or expiry of this EULA shall survive termination or expiration of this EULA.

    English Language. The parties have requested and agree that this agreement and all documents 
relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que 
tous les documents qui s’y rattachent soient rédigés en anglais.

    Communications to You. Subject to our Privacy Policy, we may provide you with notifications via 
email, in hard copy, or through conspicuous posting of such notice on the Website or otherwise 
through the App, as we may determine in our sole discretion.

    Contact Us. If you have any questions or concerns about this EULA, please contact us

        By email at hello@primatelabs.com;

        By mail at Primate Labs, 1 Eglinton Ave. East, Suite 602, Toronto, Ontario, Canada, M4P 
3A1.

LAST UPDATED: July 26, 2024

Thank you!